BEST PRACTICE
. . .
Most community associations seek to
enforce their rules while still maintaining a
harmonious community that the residents
view as a desirable place to live. At
times though, these goals seem to be
contradictory, and strictly enforcing the
rules can result in controversy.
BEING
Reasonable
R
ecent events, such as attempts to are canards that are not well grounded in are viewed as the essential functions of a
enforce association restrictions the law, and force associations into positions board – reviewing contract specifications,
against speeding, have generated of inflexibility, resulting in the belief that budgeting and so forth. However, it ignores
significant media attention and, as associations are cold and lacking in humanity, the fact that the community association field
a result, attention from national and and require a legislative reining in. This article has learned that, perhaps, the most important
local legislatures. These goals need examines the legal underpinnings for these function of a board – and a factor that builds
not always be treated as conflicting. The use beliefs, and offers practical solutions to avoid value in a community just as much as the
of common sense and flexibility allows the unnecessary disharmony. beauty of the landscaping – is the sense of
harmony that exists in the community.
association to enforce the essential purpose
of a rule, while not dragging the association To be sure, exercising flexibility and discretion into controversy that divides the community. requires more effort. An issue must be In this context the word ‘reasonable’ is difficult
examined in great detail, various alternatives to define. All parties in a dispute believe that
Many governing board members believe that must be considered, and a decision reached they are reasonable and the other party is
the failure to enforce rules in every instance that of not. Often, the basis for a dispute is the failure
will result in the loss of their ability to enforce a strict of each party to recognise the interests of the
the same rules in the future. We also regularly interpretations. Changes in the values of the other party and, before those interests are
hear boards espouse the theory that allowing community, the culture at large and current truly understood, emotion takes over through
a deviation from a rule in one instance creates events must all be factored in. Many board escalating verbiage that leads the parties to
a precedent that will then obligate the board members may prefer the black-and-white believe that there is no purpose in exploring
to allow similar deviations from the same rule approach because it simplifies the process, alternatives. One definition of ‘reasonable’
in every instance. For the most part, these and allows them to devote more time to what can be discerned from the opinions penned
supports
rule
while
the
intended
avoiding
purpose
needlessly
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INDUSTRY JOURNAL